2019 Kentucky Revised Statutes Chapter 441 - Jails and county prisoners 441.430 Application, review, and approval of plans for new local correctional facility -- Delay of final decision -- Prerequisites for approval -- Review of architectural plans by department's jail consultants.
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441.430 Application, review, and approval of plans for new local correctional
facility -- Delay of final decision -- Prerequisites for approval -- Review of
architectural plans by department's jail consultants.
(1)
(2)
(3)
Any political subdivision, or combination of subdivisions, desiring to build a local
correctional facility shall make application, in writing, to the department and the
construction authority for approval of the plans for the local correctional facility not
less than ninety (90) days before the advertising for bids for construction of the
facility, or if bids are not to be let, ninety (90) days before the construction
commences. The application shall include documentation of the items required by
subsection (3) of this section.
The department's jail consultants shall review the application and within thirty (30)
days of the department's receipt of the application, make a recommendation to the
construction authority. The construction authority shall make a decision within sixty
(60) days after the department's jail consultants make their recommendation. The
construction authority may delay a final decision on the construction of any new
local correctional facility if the construction authority determines that it has
insufficient information upon which to base a decision. If the construction authority
determines that it has insufficient information upon which to base a decision, a final
decision shall be delayed but shall be made within sixty (60) days after receipt of
the information required by the construction authority. Construction shall not
commence until the requisite approval is obtained.
The construction authority shall not approve the construction of a local correctional
facility unless the political subdivision or combination of subdivisions desiring to
build a local correctional facility proves to the satisfaction of the construction
authority that:
(a) The construction of a new local correctional facility is necessary;
(b) The construction of a new local correctional facility with the number of beds
proposed is necessary;
(c) The political subdivision or combination of political subdivisions has
sufficient bonding and revenue sources to pay the bonded indebtedness of the
proposed local correctional facility;
(d) The number and sources of prisoners for the local correctional facility is
sufficient to maintain the financial viability of the local correctional facility;
(e) The projected operating costs for the local correctional facility are appropriate
to maintain the financial viability of the local correctional facility;
(f) The sources of revenue are sufficient to pay, in addition to the bonded
indebtedness, the operation costs and maintenance for the local correctional
facility;
(g) If applicable, there are contracts or interlocal cooperation agreements
specifying details for sharing the liability for the costs of paying the bonded
indebtedness and the operation costs for the local correctional facility;
(h) If applicable, there are contracts or interlocal cooperation agreements
specifying details for the management and operation of the local correctional
(i)
(4)
(a)
(b)
(c)
(d)
(e)
facility; and
All information has been provided that the construction authority required
pursuant to administrative regulation.
Upon approval by the construction authority of the new local correctional
facility, or the expansion of an existing correctional facility, architectural
plans shall be submitted to the department for approval. The department's jail
consultants shall review the architectural plans and within sixty (60) days
notify the applicant and the construction authority of their findings.
The department's jail consultants may delay final approval of the architectural
plans if the jail consultants determine the architectural plans for the facility do
not comply with administrative regulations of the department promulgated
pursuant to KRS 441.055.
If the department determines that it has insufficient information upon which to
make a decision, a final decision shall be delayed but shall be made within
sixty (60) days after receipt of the information requested.
Construction shall not commence until the requisite approvals have been
obtained.
If approval is denied by the department's jail consultants, the political
subdivision or combination of subdivisions requesting the construction or
expansion of a local correctional facility may appeal the decision to the
construction authority.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 69, sec. 13, effective June 25, 2013. -- Amended
2012 Ky. Acts ch. 156, sec. 16, effective July 12, 2012. -- Amended 2011 Ky. Acts
ch. 2, sec. 79, effective June 8, 2011. -- Amended 1992 Ky. Acts ch. 211, sec. 125,
effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 385, sec. 45, effective July 1,
1982. -- Created 1974 Ky. Acts ch. 294, sec. 3.
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